SCHEDULE 2 Management and Collection of Petroleum Revenue Tax
Appeals
14
(1)
A participator may appeal F1... against an assessment or determination F2or an amendment of an assessment or determination made on or in relation to him by notice of appeal in writing given to F3HMRC within thirty days after the date of issue of the notice of assessment or determination F2or of the notice of the amendment.
F4(2)
The notice of appeal must specify the grounds of appeal.
(3)
A participator who has given notice of appeal under sub-paragraph (1) above against an assessment charging him with any tax for a chargeable period may, if he delivered a return for that period as required by paragraph 2 above, withhold, until the determination or abandonment of the appeal, so much of the tax charged in the assessment as is the smaller of—
(a)
the amount of the tax so charged; and
(b)
tax on the difference between—
(i)
the aggregate of the consideration received or receivable for oil as stated in the participator’s return in pursuance of sub-paragraph (2) of that paragraph and, subject to sub-paragraph (4) below, the market value of oil as so stated; and
(ii)
the aggregate of the corresponding consideration and value as included in the assessment.
(4)
Subject to sub-paragraph (5) below, where the market value of all the oil for which a market value is stated in the participator’s return is, as stated in that return, less than the value which is produced for that oil by applying to it the average price mentioned in sub-paragraph (6) below, sub-paragraph (3) above shall have effect as if, for the reference to the market value of oil as so stated, there were substituted a reference to the value which is so produced for that oil.
(5)
The comparison of values and the substitution required by sub-paragraph (4) above shall, in the case of an appeal by a participator whose return relates both to gas and to other oil, be made separately for the gas and for the other oil.
(6)
The average price referred to in sub-paragraph (4) above is the average price at which all oil included in the relevant returns as oil delivered in the period covered by the returns and disposed of in sales at arm’s length was so disposed of.
(7)
The relevant returns for the purposes of sub-paragraph (6) above are all the returns of all the participators in all oil fields which—
(a)
were made for the chargeable period preceding that to which the appeal relates; and
(b)
were delivered before the end of the chargeable period to which the appeal relates.
(8)
(9)
Where, at any time between—
(a)
(b)
the determination of the appeal by the F8tribunal,
F7HMRC and the participator agree F6on how the assessment, determination, amendment or decision should be varied or on what assessment or determination should be substituted in relation to the chargeable period in question, the same consequences shall ensue as if the F9tribunal had determined the appeal to that effect.
F10(10)
If F11the appeal that is notified to the tribunal and it appears to F12the tribunal that the assessment, determination or amendment is wrong—
(a)
because no, or a smaller, assessable profit or a, or a larger, allowable loss has accrued for the chargeable period in question; or
(b)
because a, or a larger, assessable profit or no, or a smaller, allowable loss has accrued for that period,
F14(11)
When an appeal is notified to the tribunal, the decision of the tribunal on the appeal is final and conclusive.
(12)
But sub-paragraph (11) is subject to—
(a)
sections 9 to 14 of the Tribunals, Courts and Enforcement Act 2007,
(b)
Tribunal Procedure Rules, and
(c)
any provision of this Schedule.